What Is the I-601A Form For?
Attorney Massiel Silva Tadeo is a partner and owner at The Tadeo & Silva Law Firm. She specializes in removal (deportation) defense, family immigration, and hardship waivers. Published on: August 29, 2019, Last updated on: March 27, 2023.
Form I-601a, the Application for Provisional Unlawful Presence Waiver, is a United States immigration form used by immigrants currently in the U.S. Read on for our complete guide to this form.
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What Is I-601A?
The I-601a, also known as the Provisional Unlawful Presence Waiver, is an immigration process that enables certain categories of people to request a waiver of the unlawful presence bar before leaving the U.S. rather than once the individual goes to their consular interview.
Before, the unlawful presence waiver application process was much more complicated and time-consuming. Well-meaning individuals had to wait outside the country for a year or more before learning whether they could return. Under current guidelines, qualified individuals can wait for the approval of their waiver while in the U.S.
Contact the reputable local lawyers from Tadeo Silva Law to help you navigate the ever-changing immigration policies in the U.S.
The Provisional Unlawful Presence Waiver
The I-601a provisional waiver application process is tough to comprehend and navigate. Plus, the Department of State (DOS) might cancel your immigrant visa petition if certain steps are not correctly followed.
Because of the complexities submitting an I-601a waiver entails, retaining an experienced immigration attorney who can help you navigate your immigration situation is strongly encouraged.
Lawyers experienced in representing clients in the consular process and waiver processes can provide the needed guidance so that you may obtain your green card without unnecessary delays.
The I601a Provisional Waiver Does Not Apply to All
The I601a waiver enables only certain people to waive their illegal presence in the U.S. before their interview. These typically include those who are qualified for an immigrant visa.
Individuals who are not eligible to apply for an I-601a waiver often include the following:
Permanently barred individuals
Those under 17 years old or who are otherwise inadmissible for health reasons or criminal convictions
Those with prior deportation proceedings that have not been terminated
Those under deportation orders from the Immigration Courts
Those with a pending I-485 application
Those who can’t show that the U.S. citizen or lawful permanent resident spouse or qualifying relative would suffer extreme hardship if they were refused admission
Policies relating to immigration law are changing continually in the U.S., and these laws can have a huge effect on your family if you are in the country unlawfully. For the best chance of successfully staying in the United States, it is wise to contact a family-based immigration attorney.
At The Tadeo & Silva Law Firm, our immigration attorneys have extensive experience in immigration law and helping immigrants apply for immigration benefits. We can help you understand how the ever-changing immigration policies may affect your chances of success in obtaining legal immigration status.
Our attorneys are dedicated to providing competent, aggressive legal representation for immigrant visa applicants and their families. Contact us today to discuss your individual case so that we can help you achieve the best possible outcome for you and your family.
Consult a Reputable I601a Attorney
The immigration legal process surrounding an I601a waiver can be intricate. You face legal questions such as if the form even applies to you, how to answer certain questions on the form, and what supporting legal documents to include with the I-601a. Consulting a skilled immigration lawyer is the best way to ensure a favorable outcome in your quest for citizenship.
The Tadeo & Silva Law Firm has expertise in all facets of the U.S. immigration system, including the I601a waiver process. We understand that transitioning to life in the U.S. as a legal immigrant can be stressful and challenging, but we are here to help.
Our experienced attorneys assure you that your case will be handled with the utmost diligence and attention to detail. Schedule a consultation today to discuss your case and determine if the I-601a waiver applies to you. We look forward to assisting you on your path to U.S. citizenship.
How to Complete Your 601a Waiver
To properly finish the 601a waiver application, completely follow the provided guidelines. Any application that does not fulfill the legal filing requirements defined in 8 CFR 212.7(e)( 5) or isn’t submitted with the proper biometric costs will be immediately turned down. Your form I-601a must be submitted separately from other applications.
To guarantee your application is not immediately denied, follow the I-601a instructions. Consult the Form I-601A web page for current modifications and USCIS Atlanta filing tips, call the USCIS field office at (800) 375-5283, or speak with an experienced attorney for legal advice.
I 601a Instructions for Mailing
Follow the I 601a instructions and send your application to the U.S. Citizenship and Immigration Services (USCIS) Chicago Lockbox via U.S. Postal Service (USPS), FedEx, UPS, or DHL. There is a different address for applications sent via the U.S. Postal Service versus applications sent via other methods.
Through USPS, mail to USCIS P.O. Box 4599 at Chicago, IL 60680.
FedEx, UPS, and DHL shipments should be sent to USCIS, Attn: I-601A in 131 S. Dearborn, 3rd Flooring in Chicago, IL 60603-5517.
Upon receipt of your approved immigrant visa petition, you will be notified to visit an ASC for biometrics.
How Long Will Your 601a Take?
As Homeland Security makes it harder to immigrate to the U.S., the 601a processing time has increased. Although it previously took two to five months, it now takes over eight months.
Submitting the I-601a application and documentation correctly the first time provides the shortest processing time possible. Preparation of the I-601a application is a critical step to ensure processing in the shortest time. An experienced immigration attorney can help you with this.
I 601a Processing Time
The I 601a processing time depends on how closely the instructions are followed. Any application improperly submitted without the correct biometric fees or filed with any other application will be automatically rejected.
601a Waiver Processing Time
The 601a waiver processing time also depends on whether the legal form is accepted and approved first. Even if your I-601a application has been accepted and authorized, it can be reopened and reassessed anytime. Retaining a lawyer can help make the legal process easier.
Form I-601a Supporting Documents
Together with the Form I-601a instructions, it is a good idea to assess your supporting legal documents. Do not send the instructions; unless otherwise directed, send only copies of the other information. Any records sent in a foreign language must be accompanied by an English translation and certification verifying that the translation is accurate.
Along with the application, you must send the correct I-601a fees to USCIS. Current processing fees are $630 plus $85 for biometrics (fingerprinting).
Visit an Immigration Attorney
Along with properly submitting a form I601a, consulting a qualified deportation removal defense team can improve your chances of remaining in the country.
I-601a Waiver and Other Forms
Aside from the I-601a Waiver, there are many complex forms you will need to submit before becoming a legal U.S. citizen. The right law office can help you with the I-765 application for work permits and the I-485 for immigration modifications.
Contact an Attorney Before Submitting the I 601a
The I 601a application is just one step you may need to complete to become a legal member of immigrant society in the U.S. Before submitting your application, talk to an experienced deportation defense attorney who can help guide you through the process.
The right lawyer understands the I-601a form, the I-601a instructions, and the requirements of filing an application. They will be able to help you submit your paperwork correctly and efficiently, so you can have the best chance of receiving approval for your application.
You can become an official part of the United States with the right assistance. Don’t wait. Contact a sympathetic and skilled immigration attorney to improve your chances of achieving your American dream and becoming an immigrant.
Book a consultation with us to answer all of your questions!